Register | Log In
0
  • LinkedIn
  • Twitter
MENU
Welcome
Bookstore
Chapters & Articles
Online Access
Arbitration Database
My Account
Pay
Journals

Bookstore > Regions & Jurisdictions > 

Cart Summary

Your Cart is Empty
View Cart

Search Chapters & Articles

Navigation

Bookstore
All Book Titles
All Journals
All CILS Titles
All Arbitration & ADR Titles
Practice Areas
Regions & Jurisdictions
Africa
Asia
Australia
Europe
International
Middle East
North America
South America
United States
New Zealand

EstatePlanning&Asset-Protec-FL 3D-cover.png
This publication is part of the Arbitration Law Database

Estate Planning and Asset Protection in Florida

Pages:

ISBN:

Published On:

Updated On:

21099
InvtPart
Hardcover Book
Standing Order

Have a question? Email us about this product!

Available Format
Hardcover Book : $225.00
Subscription Option   
User License   

Adding Item To Cart

Additional Information

  • Description
  • About The Author(s)
  • Reviews
  • Chapters in PDF

[Now available in print, PDF, and  individual chapters in PDF. To view a specific chapter please click on the "Chapters in PDF" tab directly above.]

Probably every law firm in the country that handles estate planning has or will have a client who has a home now or who will someday move to Florida. In fact, you yourself may move there or already have a home there! So even though you may be living or practicing far outside of Florida, Estate Planning and Asset Protection in Florida is a resource that should be on your shelf – and required reading before your client moves to Florida!  

Estate Planning and Asset Protection in Florida is designed to help clients and their lawyers protect clients’ assets before litigation happens. While the necessity of estate planning is understood by most clients, many  fail to grasp the importance of protecting their assets as well. Barry A. Nelson, an industry-respected, board-certified attorney with decades of experience counselling high-net-worth clients reveals the serious implications of ignoring the potential liabilities that can threaten a client's assets. 

Barry Nelson was among the first to advocate for asset protection. He perceived how estate planning anticipates only the very end of a spectrum of dangers that can adversely affect a client’s estate long before the  will is read. The state of Florida, long considered a debtor’s haven, has fraudulent conveyance laws that prevent transfer of assets after litigation happens. Once an accident occurs or exposure to litigation is apparent, asset protection is significantly limited. 

This work,  years in the making,  is like no other work on the market in combining estate planning and asset protection as a strategy. It  describes how to integrate estate planning and asset protection for Florida residents to minimize Federal estate taxes and maximize protection of assets  and  explains what options remain even in the event of  a claim such as divorce, claims for alimony, co-signings, or any number of lawsuits. While no one plan fits all, it expertly teaches clients and lawyers how to recognize their best options in a complex web of legal and tax relationships so the most informed decisions can be taken. Comprehensive, yet easy-to -use, it

• explains all the types of assets and asset protection techniques available, among them: (i) homestead for asset protection, property tax, and limits on dispositions during life and upon death, (ii) annuities; (iii) life insurance, (iv) retirement plan accounts and 529 accounts, (v) spousal transfers including inter vivos QTIP trusts and Spousal Limited Access Trusts ("SLATs"), (vi) domestic and foreign asset protection trusts, (vii) third party created trusts, (viii) use of partnerships and LLCs, and (ix) wage owner accounts.

• This book also outlines the requirements to benefit from these techniques and identifies from chapter to chapter the greatest traps for clients and their professional advisors, that could, for example, lead to a loss of homestead status, or permit creditors to gain access to earnings, life insurance proceeds, annuities, proceeds from inherited IRAs, pensions, profit sharing plans, etc.;

• it offers over 250 pages of appendices containing  supporting, illustrative sample documents, exhibits, key selections from Florida statutes, the Florida Constitution, white papers, memoranda and affidavits;

•  it discusses over 500 cases;

• in addressing the use of limited liability partnerships and LLCs it explains why creating trusts and LLCs in a state other than Florida (such as but not limited to Nevada, South Dakota, Delaware and Alaska) may provide greater asset protection than Florida;

•  it considers a range of situations or scenarios and the challenges faced by: those who, for example, become instantly wealthy such as lottery winners, or professional athletes, celebrities or those who receive significant bonuses; it also, addresses the challenges of same-sex partners, the elderly who are vulnerable to financial exploitation, or  children for whom a parent has had multiple spouses.

• For those undergoing divorce, the book summarizes the laws regarding division of marital assets upon dissolution of the marriage and

•  discusses the ability of a spouse holding an alimony judgment to access third-party-created trusts;

•  it considers the protections of creating trusts in another state or country, and

•  provides the essential information clients need to minimize estate, gift and GST taxes, and

• it familiarizes clients and advisors with the consequences of recent legislation, such as the Tax Cuts and Jobs Act (the "2017 Tax Act") which became effective January 1, 2018, and which significantly increased the Federal estate, gift, and generation skipping transfer ("GST") tax exemptions.

and much, much more.

Barry Nelson has received numerous awards, among these, receiving his 25th recognition by Best Lawyers in America in 2019, being top-ranked by Chambers in its High Net Worth Guide for 2018, being asked by the Florida State Bar to author a chapter of their book,  Asset Protection in Florida.  There is no question that business, tax, estate planning, and real estate lawyers will  easily find in this well-designed, information-packed volume everything they need to better counsel and protect their clients’ assets from potential creditor’s claims. There is no other work available like it.




Barry A. Nelson, a Florida Bar Board Certified Tax and Wills and Trusts and Estates Attorney, is a shareholder in the law firm of Nelson & Nelson, P.A. in North Miami Beach, Florida. He practices in the areas of tax, estate planning and administration, asset protection, fiduciary matters, partnerships and business law. He provides counsel to high net worth individuals and families focusing on income, estate and gift tax planning, and assists business owners to most effectively pass their ownership interests from one generation to the next. He also assists business owners, physicians, and other professionals in tax, estate and asset protection planning. As the father of a child with autism, Mr. Nelson combines his legal skills with compassion and understanding in the preparation of Special Needs Trusts for children with disabilities.

Mr. Nelson has been listed in Best Lawyers in America® since 1995 and was named their 2015 Miami Trusts and Estates “Lawyer of the Year.” He has been named in Chambers USA: America’s Leading Lawyers for Business receiving the highest rating of “Band 1” in the Florida Estate Planning category from 2010-2015. He has been listed in Chambers USA High Net Worth Guide as “Band 1” in Private Wealth Law in Florida since its inaugural edition in 2016. Mr. Nelson has been a Martindale-Hubbell AV Preeminent® Rated Lawyer for more than 25 years.

Mr. Nelson is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and served as Chairman of its Asset Protection Committee from 2009-2012. He has published articles in professional Journals and he lectures extensively for professional organizations such as ACTEC, the Florida Bar, the University of Miami Heckerling Institute on Estate Planning, the Notre Dame Tax and Estate Planning Institute, the Southern Federal Tax Institute (SFTI) and the Florida Institute of CPAs.

As the Founding Chairman of the Asset Preservation Committee of the Real Property, Probate and Trust Law Section of the Florida Bar from 2004-2007, he introduced and coordinated a project to write a treatise authored by committee members entitled Asset Protection in Florida (Florida Bar CLE 2008, 5th Edition 2017). Mr. Nelson wrote Chapter 5, entitled “Homestead: Creditor Issues.”

Mr. Nelson served as an adjunct professor for the University of Miami School of Law LL.M. in Taxation program from 1998-2009 and as an adjunct professor at the University of Miami’s Graduate Department of Accounting from 1978-1995. He is a past President of the Greater Miami Tax Institute.

Mr. Nelson is a co-founder and current Board Member of The Victory Center for Autism and Behavioral Challenges (a not-for-profit corporation), and served as Board Chairman from 2000-2008. He served as the Mayor of the Town of Golden Beach, Florida from 1993-1995.


Estate Planning and Asset Protection in Florida is an exceptionally comprehensive and well-cited, practical resource for anyone who practices in Florida or needs an authoritative interpretation of Florida homestead and asset protection law. Especially useful are Nelson’s “Greatest Traps” sections in each of the 16 chapters, which illustrate and help both client and lawyer avoid the threat of adverse (and often hard to recognize) legal exposure. This is an impressive book.

Stephan R. Leimberg, Publisher
Leimberg Information Services, Inc. (LISI)

Click here to read Steve Leimberg's full review

In his usual practical and excellent method of explaining difficult subjects, Barry Nelson has produced an excellent and comprehensive treatise on asset protection and estate planning for Florida attorneys. He has addressed the topic with intelligence and practicality, a trait few lawyers have, but for which Barry Nelson is a master. This treatise is indispensable for Florida practitioners and for those attorneys out of state whose clients are moving to Florida. It is a MUST- have resource  for the office.

Linda Griffin, JD LLM, ACTEC Fellow
Linda Suzzanne Griffin, P.A.

Estate Planning and Asset Protection in Florida should be in every Florida estate planner’s  library.  It is the most thorough and up-to-date analysis of Florida law on asset protection strategies that I have read to date and  includes extensive  statutory and case citations as well as  references to other secondary treatises and articles.  A perusal of the table of contents will quickly demonstrate the utility of this treatise in finding answers to every client’s questions.

Gideon Rothschild, JD CPA, Moses & Singer LLP
Fellow, The American College of Trust and Estate Counsel

This is an outstanding work by one of the top lawyers in our field.  Asset protection has become one of the primary elements of modern estate planning, and this is one of the few works to address the subject as an integrated part of estate planning.  Asset protection is important, and if you are an estate planner, particularly one with Florida clients (or clients with Florida assets), you should buy and read this book.  The extensive discussion of the Florida homestead rules, which are both unique and invaluable for asset protection, would alone be worth the price of the volume.

Howard M. Zaritsky, J.D., LL.M. (tax), tax editor for Probate Practice Reporter
Distinguished Accredited Estate Planner and a member of the NAEPC Estate Planning Hall of Fame, a nationally-recognized expert on estate, gift, and generation-skipping transfer taxes, fiduciary income taxes, estate planning, and estate administration.

Finally, a treatise that combines practical guidance and erudite commentary in one volume. Estate Planning and Asset Protection in Florida gives the practitioner the ability to review and understand not only the underlying needs that vary for each client, but the application to consider as it varies for each client. The clients of attorneys who utilize this reference are going to be well served.

Richard C. Milstein, JD

Akerman LLP, Fellow, The American College and Trust and Estate Counsel


Barry Nelson has again distinguished himself as one of the most knowledgeable and respected attorneys in the field of Estate Planning and the sub-specialty Asset Protection Planning.

His treatise, Estate Planning and Asset Protection in Florida is an excellent resource that offers a very comprehensive and well-organized compilation of both federal and Florida laws.

Of particular significance is his analysis of the homestead provisions contained in Florida’s state constitution as further implemented in statutory law and the case law interpretations.  Many attorneys, both Florida licensed and out-of-state practitioners, have incurred the wrath of the homestead laws by not being well versed in the twists and turns that confound even those of us whose focus is almost exclusively in the estate planning field.  It is absolutely required reading for attorneys seeking to understand the very complex and somewhat mystifying laws that impact homestead in various ways, including descent and devise, alienation, the rights and remedies of creditors, estate tax apportionment, and ad valorem taxation.   The author’s knowledgeable dissection of this complex area will be of a great benefit to the readers of Estate Planning and Asset Protection in Florida and most importantly, the clients whom we all serve.

Charles Ian Nash, JD, LL.M (Tax), ACTEC Fellow


 


 


 


 


 


 



 


 


 






Loading Chapters....

Related Items

Trusts-Estate-Israel_HC.png

Trusts and Estate Planning in Israel

Price: $120.00
 
LEARN MORE
REITs-Bus-Tax-Trans_HC.png

REITs: Business, Tax and Transactions

Price: $275.00
 
LEARN MORE

Your questions are very important to us.

SEND US AN EMAIL

Contact Us

  • Customer Service
  • My Account
  • Conferences
  • Marketing
  • Editorial

General Information

  • About JURIS Legal Information
  • Terms of Use
  • Terms of Use Digital Products
  • Privacy Policy
  • Employment

Product Promotions

  • New Arrivals
  • Deals & Promotions
  • Best Sellers
Copyright Juris Publishing LLC
  • LinkedIn
  • Twitter
Redirecting....

Digital Standing Order Information

The product you are interested in purchasing is available on a digital standing order basis with a 20% discount option.

To complete your purchase, please select one of the following:

Yes, I wish to be on digital standing order and consent to automatic credit card billing to receive digital releases/updates, supplements or new editions.
Notify me when digital releases/updates, supplements or new editions become available with instructions on how to purchase.
 

Customers who select the active digital standing order option will be automatically charged from their credit card on file for digital releases/updates, supplements, or new editions when they become available. By selecting YES, I WISH TO BE ON STANDING ORDER you will receive any digital release/update, supplement or new edition published within three months of your purchase date at no charge. After the first three months of your purchase date, you will receive a 20% discount on any digital release/update, supplement or new edition published. To receive these benefits you must select the option, YES, I WISH TO BE ON STANDING ORDER.

Your credit card on file will be automatically charged and you will receive an order receipt for the discounted digital release/update, supplement, or new edition without any action on your part. New York State sales tax will be included where applicable.

By selecting NOTIFY you will receive email notifications when new digital updates are available. This will also include instructions on how to purchase these updates if you are interested. You will NOT be entitled to the discounts available to active digital standing order customers.

The PDF products and information available for purchase on this website are either owned by or licensed to Juris and are protected by the intellectual property laws of the United States and other jurisdictions. Juris and its licensors retain all proprietary rights to these materials. PDF products are copyright protected to prevent editing and copying capabilities. Some products also limit highlighting and the addition of comments. All PDF products can be downloaded, saved, and printed. All sales of Digital Products are final. NO refunds will be issued.

You may cancel your digital standing order option at any time by calling Customer Support at +1 (631) 350-2100 or e-mailing JURIS at subscriptions@jurispub.com

This offer is subject to change without notice and some exceptions may apply.

   
 

Standing Order Information

The product you are interested in purchasing is available on a standing order basis with a discount option.

In order to complete your purchase, please select one of the following:

Yes, I wish to be on standing order and receive releases/updates, supplements or new editions
Notify me when releases/updates, supplements or new editions become available
 

Customers who select the standing order option will be automatically sent releases/updates, supplements or new editions when they become available. By selecting YES, I WISH TO BE ON STANDING ORDER you will receive any release/update, supplement or new edition published within three months of your purchase date at no charge. After the first three months of your purchase date you will receive a 20% discount on any release/update, supplement or new edition published in the next nine months. In order to receive these benefits you must select the option, YES, I WISH TO BE ON STANDING ORDER.

You will receive an invoice for the discounted release/update, supplement or new edition without any action on your part. Shipping and handling charges apply and New York State sales tax will be included where applicable. Shipping charges are calculated based on the shipping method, the weight of the package, and the destination of the shipment.

After the discount period expires you will continue to be sent releases/update, supplements or new editions with an invoice without any action on your part. You will be invoiced at the price at which the release/update, supplement or new edition is being offered along with applicable shipping and handling charges. New York State sales tax will be included where applicable. Shipping charges are calculated based on the shipping method, the weight of the package, and the destination of the shipment.

All products are sent to you on a 30-day, risk-free return basis. You have the right to return any release/update, supplement or new edition for a full credit. Returns should be sent to JURIS at 920 Links Avenue, Landisville, PA 17538. All products being returned must be in saleable condition and received by JURIS within 45 days of the invoice date. If you do not return the standing order shipment within this time period, you are responsible for paying the invoice in full.

You may cancel your standing order option at any time by calling Customer Support at 1-800-887-4064 or e-mailing JURIS at orders@jurispub.com

This offer is subject to change without notice and some exceptions may apply.

   
 

Subscription Information

The product you are interested in purchasing is available on an automatic invoice renewal basis.

In order to complete your purchase please select the following:

YES, I WISH TO HAVE MY SUBSCRIPTION AUTOMATICALLY INVOICED FOR RENEWALS
PLEASE NOTIFY ME WHEN I NEED TO RENEW MY SUBSCRIPTION
 

Customers who select the YES, I WISH TO HAVE MY SUBSCRIPTION AUTOMATICALLY INVOICED FOR RENEWALS option will have their subscription automatically invoiced for renewals at the end of each subscription period without any action on their part.

The cost of the renewal will be the subscription price in effect at the time of each renewal, plus shipping and handling for print subscription publications where applicable. New York State sales tax will be applied where applicable. Subscription renewal prices are subject to change without notice.

You are not obligated to renew a subscription a minimum number of times in order to participate in our automatic invoice renewal program.

A title’s enrollment in our Automatic Invoice Renewal Subscription Program may be cancelled prior to the renewal period. No refunds/credit will be given on paid subscriptions of newsletters, journals, report/reporters or online services.

Subscribers may cancel their subscription by calling Customer support at 1-800-887-4064 or e-mailing JURIS at orders@jurispub.com or by returning the invoice marked “CANCEL”.

If you are ordering a subscription to an Online Access product via IP please note it will take a few business days to process your order.

Once your order is processed you will receive an email asking you for your IP address(s).

This information is subject to change without notice and some exceptions may apply.

   
 

Single-User: PDF/EBooks are only licensed for use to one individual and cannot be shared.
Multi-User: PDF/EBooks are only licensed for use to one company and can be used by all employees at a single site/location.
Multi-Site: PDF/EBooks are only licensed for use to one company and can be used by all employees at all sites/locations.

The PDF/E-Book products and information available for purchase on this website are either owned by or licensed to Juris and are protected by the intellectual property laws of the United States and other jurisdictions. Juris and its licensors retain all proprietary rights to these materials.